Posted on Thu, May. 12, 2005


Bill could give James Island chance at incorporation


Associated Press

Residents of James Island could get another chance to incorporate their own town on the outskirts of Charleston with a bill given key approval in the House on Thursday.

The new legislation would apply statewide and allow the incorporation of towns with as few as 7,000 residents. Currently, state law requires 15,000. It also would allow unconnected properties to be part of the same town if separated only by certain public lands or waters.

"This give the people of James Island their self-determination, their right to vote," said Rep. Wallace Scarborough, R-Charleston. "We believe we can provide all the services that are needed for the people of James Island," he said.

Charleston Mayor Joseph P. Riley Jr. warned that making it easier for smaller areas to incorporate will cause lots of cities to crop up and waste taxpayers' money.

"I'm not sure this will allow them to do that," said House Majority Leader Jim Merrill, R-Daniel Island, who supported the bill. "It means we're going to have another round of court challenges."

Residents of James Island have tried twice since 1992 to incorporate their own town and both times the incorporations were tossed out by the state Supreme Court.

"We have drafted it very carefully to make sure this was not special legislation and that it was not just for one municipality," Scarborough said. "We believe this will pass constitutional muster."

The Municipal Association of South Carolina opposed the bill, arguing it was bad public policy for the Legislature to deal with a local issue.

"I don't believe that there are that many towns that are wanting to incorporate," Scarborough said. "This clamoring of everyone wanting to become their own municipality is just not going to happen."

Senate President Pro Tem Glenn McConnell, R-Charleston, who introduced the bill, said it was necessary to allow the people of the James Island decide whether they wanted to be a town, not the Supreme Court.

"I think it's a victory for voters' rights," McConnell said.





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